Johnson v. State

HAWKINS, Presiding Judge.

Conviction is for burglary of a private residence at night; punishment assessed at five years in the penitentiary.

The indictment contained two counts; the first charged burglary at night of the private residence of Mrs. Sarah Grado, the second charged burglary of the house of Mrs. Sarah Grado. The court submitted the case to the jury upon the first count only.

The evidence shows that Mrs. Grado operated a store with sleeping rooms for the family over the store. On the night of the burglary the family were downstairs. Someone heard a noise in the sleeping rooms above.…